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(영문) 서울북부지방법원 2017.09.22 2017고합268

준강간미수

Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On March 11, 2017, at around 03:30, the Defendant: (a) 301, the Ecomto 301 in Dongdaemun-gu Seoul Metropolitan Government, and (b) 19 years old, the victim F, an employee of the party headquarters operated by the Defendant, was frightly frightd with the Defendant at the party headquarters and frightly frightly frightly frightly frightly frightly frightly frighten the body of the Defendant; (c) frightly frightly frightly frightly frightly frightly frightly frightly frighted with the Defendant, and frightly frighted with the Defendant at the party headquarters; and (d) frightly frighted with the Defendant’s sexual organ, but failed to commit an attempted act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Legal and chemical appraisers and gene appraisers;

1. Application of the Acts and subordinate statutes to photograph the CCTV screen to the same;

1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the order to disclose or notify the registered information may have a significant impact on the defendant, so prudentis is necessary.

The crime of this case is not a sexual crime against many unspecified persons, but it appears that the defendant has no record of the same crime, the execution of a sentence against the defendant, the registration of personal information, and the completion of a sexual assault treatment program can prevent recidivism to a certain extent. In addition, in light of all circumstances such as the defendant's age, sex, family environment, social relationship, etc., the effect of the prevention of sexual crimes that can be achieved by the disclosure notification order is compared to the disadvantage and anticipated side effects of the defendant due to the disclosure notification order.